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AMERICAN ELEC. v. PUBLIC UTILITY COM'N

No. 03-02-00636-CV.

123 S.W.3d 33 (2003)

AMERICAN ELECTRIC POWER COMPANY, INC. and TXU Electric Company, Appellants, v. PUBLIC UTILITY COMMISSION OF TEXAS, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled January 23, 2004.

Attorney(s) appearing for the Case

John F. Williams, David C. Duggins, Dane McKaughan, Clark, Thomas & Winters, Larry W. Brewer, American Electric Power Company, Inc., Austin, Howard V. Fisher, Hunton & Williams, Dallas, for appellants.

James Z. Brazell, Assistant Attorney General, Natural Resources Division, Austin, for appellee.

Before Chief Justice LAW, Justices PURYEAR and POWERS.

OPINION

JOHN E. POWERS, Justice (Retired).

American Electric Power Company, Inc., and TXU Electric Company ("appellants") appeal from a district court judgment affirming a final order of the Public Utility Commission ("the Commission").1 We will reverse the agency order and the district court judgment and remand the controversy to the Commission.

THE CONTROVERSY...

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